Bombay High Court
RASHTRIYA SAKHAR KAMGAR UNION THROUGH ITS PRESIDENT AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court permitted the amendment of the title, ordered notices to the specified respondents, directed the PF Authority to release the pending amounts, and allowed the civil application for intervention.
Summary
The petitioners, Rashtriya Sakha Kamgar Union, sought relief against the Union of India and related respondents concerning the discharge of a liquidator, amendment of the title clause to correctly name Respondent No.6 (Sahkari Sakhar Karkhana), and the disbursement of pending Provident Fund (PF) amounts to workers. The court allowed the amendment of the title within two weeks, ordered issuance of notices to Respondent No.6 and Respondent No.7, and directed the PF authority to release the outstanding Rs.17.54 crore to eligible employees while permitting private service of notice. It also entertained a civil application for intervention in writ petition No. 9325/2022, permitting the applicant to amend its pleadings within three weeks. The court further directed the respondents to cooperate with workers in completing PF formalities and noted the existence of a “Vishwas Scheme” for possible reduction of damages. All orders were made with the view of protecting the labourers’ rights and ensuring procedural compliance.
Issues considered
- The liquidator should be discharged and notice issued to Respondent No.6.
- Whether the title clause of the writ petition may be amended to correctly name Respondent No.6.
- Whether the Provident Fund Authority must disburse the outstanding PF liability to the workers.
- Whether the civil application for intervention in writ petition No. 9325/2022 should be allowed.
Subjects
- Provident Fund
- Liquidator
- Title amendment
- Writ petition
- Civil application
- Labour rights
- Notice issuance
- Intervention
Judgment
(1) 919-WP-15794-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 WRIT PETITION NO. 15794 OF 2023
Rashtriya Sakha Kamgar Union Through Its President And Others
VERSUS
The Union Of India Through Its Secretary And Others
WITH
CIVIL APPLICATION NO. 8085 OF 2025
IN WP/9325/2022
WITH
WRIT PETITION NO. 9325 OF 2022
AND
WRIT PETITION NO. 12554 OF 2023
...
Mr. V. D. Sapkal, Senior Advocate a/w Mr. V. K. Bhosale, i/by Mr. S. R.
Sapkal, Advocate for the Petitioners.
Mr. V. D. Hon, Senior Advocate i/by Mr. A. V. Hon, Advocate for
Respondent/Liquidator.
Mr. R. N. Dhorde, Senior Advocate i/by Mr. V. R. Dhorde, Advocate for
Respondent/Bank.
Mr. N. S. Tekale, AGP for Respondent-State.
Mr. R. R. Karpe Advocate for Respondent No.4.
Ms. Sunita Sonawane, Advocate for Respondent Nos. 6 to 26.
Mr. P. V. Barde, Advocate for Respondent Nos. 27 to 32.
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 03rd SEPTEMBER 2026.
PC :-
1. It is informed that in the meantime, the elected body has taken
over the affairs of the Respondent No.6/Sahkari Sakhar Karkhana. In
(2) 919-WP-15794-2023
that view learned Senior Advocate Mr. Hon submits that the liquidator
needs to be discharged by issuing notice to the Respondent
No.6/Karkhana.
2. In view of the statement, the learned Advocate for the petitioner
seeks leave to amend the title clause by correcting the name of
Respondent No.6 showing the said Sahkari Sakhar Karkhana through its
Secretary/Managing Director/Chairman as the case may be.
3. Amendment be carried out within a period of two weeks from
today.
4. After amendment is carried out, issue notice to the Respondent
No.6, returnable on 01/10/2026.
5. In addition to Court notice, the petitioner is at liberty to serve
Respondent No.6 by way of private mode of service and file affidavit to
that effect.
6. So far as Provident Fund is concerned, out of provident fund
liability, only Rs.8 crore amount is deposited with the provident fund
authority by the Respondent/Bank. There is still amount of
Rs.17,54,74,711/- remained to be deposited as on 25/10/2023.
(3) 919-WP-15794-2023
7. For the present, since the labours are deprived of the benefit, to
allow them to come out of this situation, we direct the Provident Fund
Authorities to disburse the amount as per the entitlement of each
worker. For that purpose, the workers will raise the demand with the PF
authorities and shall complete the formalities. The Respondent
/Karkhana to co-operate the workers in completing the formalities.
8. It is informed that in some cases, dues are already settled,
therefore, the remaining employees are at liberty to approach the PF
authorities. It is also placed on record that presently the Regional
Provident Fund Authority Nashik-I, Nashik has introduced the scheme
namely, “Vishwas Scheme” whereby the employer can make an
application for reducing the amount of damages. If such applications are
made, the PF authority to consider the same.
WP/12554/2023
9. Heard.
10. Issue notice to Respondent No.7, returnable on 01/10/2026.
CA/8085/2025
11. Heard the learned Advocate for the applicant.
(4) 919-WP-15794-2023
12. The present civil application is filed for intervention in the writ
petition No. 9325/2022.
13. For the reasons stated in the application and since a case is made
out by the applicant, Application stands allowed. Necessary amendment
be carried out by the petitioner within a period of three weeks from
today.
14. With these, application stands disposed off.
15. CA/1747/2024 to be tagged alongwith present writ petitions.
[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]
D.A.ETHAPE
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